Department of Defence

Department of Defence

Department of Defence BRIEFING TO THE PARLIAMENTARY

SELECT COMMITTEE ON SECURITY AND CONSTITUTIONAL DEVELOPMENT

ON THEPROTOCOL OF AMENDMENTS TO THE

INTERNATIONAL HYDROGRAPHIC ORGANISATIONCONVENTION

9 OCTOBER 2009

Defence International Affairs


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SCOPE

• Aim• Historical Perspective• Operational Technical Modalities of SA’s Membership

of the IHO• Regulatory Process• Protocol of Amendments (Annexure B)• Implications of Amendments (Annexure B)• Parliamentary Approval / Ratification• IHO Notification• Recommendations• Questions and Answers Session


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AIM

• To inform Members of the Parliamentary Select Committee on Security and Constitutional Development on all the modalities of the Protocol of Amendments to the IHO Convention

• To recommend to Members of the Parliamentary Select Committee on Security and Constitutional Development to support the unreserved approval of the entire Protocol of Amendments in the National Assembly and National Council of Provinces



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HISTORICAL PERSPECTIVE

• The RSA become a Member State of the IHO in 1967• IHO Convention ratified by Parliament during 1968• Current Membership of 80 x Member States• IHO is an intergovernmental consultative and technical

organisation that was established in 1921 to support t he safety in navigation and the protection of the maritime environment

• The RSA is represented at the IHO by the SA Navy Hydrographer



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HISTORICAL PERSPECTIVE (Cont)

• During the 3rd Extraordinary International Hydrographic Conference held in the Principality of Monaco, a Resolution was adopted on 14 April 2005 to amend the Preamble as well as 19 x Articles of the IHO Convention (1967 version) in accordance with Article XXI thereof

• Objective of the Protocol of Amendments: To improve the scope, objectives, capacity and effect of the IHO Convention



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OPERATIONAL / TECHNICAL MODALITIES OF SA’S MEMBERSHIP

OF THE IHO

• Presentation by Capt (SAN) Abrie Kampfer


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REGULAROTY PROCESS

• The Plenary Defence Staff Council mandated the Defence Secretariat on 20 Nov 06 to approach Cabinet by means of a Cabinet Memorandum to obtain a Cabinet Mandate to table the Protocol of Amendments to the IHO Convention in Parliament in accordance with the constitutional prescripts

• Intra-departmental consultations – Nov 06



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REGULAROTY PROCESS (Cont)

• Inter-departmental consultations – Dec 06 / Jan 07

• Dept of Transport• Dept of Justice and Constitutional Development• SAMSA• Dept of Foreign Affairs (Chief State Law

Adviser: Int Law)• IRPS Cluster Mandate obtained – Feb 07• Cabinet decision by means of Cabinet

Memorandum obtained – May 07



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• Parliamentary tabling – NA & NCOP – 18 Aug 09

• IHO Notification after Parliamentary approval - 2009


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Constitutional Imperatives• Section 231(2) of the RSA Constitution, 1996,

stipulates that an international agreement, such as the IHO Convention, binds the RSA, as a Member State, only after it has been approved by resolution in both the National Assembly and the National Council of Provinces, unless it is a technical administrative or executive agreement. Amendments to such international agreements are dealt with in the same manner


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PROTOCOL OF AMENDMENTS

• Refer to Annexure B to the Explanatory Memorandum


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IMPLICATIONS OF AMENDMENTS

• Refer to Annexure B to the Explanatory Memorandum


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PARLIAMENTARY APPROVAL

• Any proposed amendments to the IHO Convention in terms of Article XXI thereof, shall be tabled in both Houses of Parliament for consideration in accordance with Section 231(2) of the Constitution of the RSA, 1996


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IHO NOTIFICATION

• Once approved by Parliament, the Government of the Principality of Monaco (as Depository) must be informed of the RSA’s consent to be bound by the Protocol of Amendments through the existing diplomatic channel by means of a suitable instrument


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RECOMMENDATIONS• It is strongly recommended that the Protocol

of Amendments to the IHO Convention of 14 April 2005, be approved without any reservation by both the National Assembly and National Council of Provinces



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QUESTIONS AND ANSWERS SESSION


Documents

Department of Defence